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BORDERS v. SOUTHERN &c. CO. OF ATLANTA

35889.

93 Ga. App. 91 (1955)

91 S.E.2d 87

BORDERS v. SOUTHERN GENERAL INSURANCE CO. OF ATLANTA.

Court of Appeals of Georgia.

Rehearing Denied December 13, 1955.

Attorney(s) appearing for the Case

Emory Kinard, Augustine Sams, for plaintiff in error.

Nall, Sterne, Miller, Cadenhead & Dennis, Paul Cadenhead, contra.

FELTON, C. J.

The action is to collect benefits allegedly due under the terms of a contract of fire insurance. The defendant defended on the ground that at the time of the loss the policy had lapsed and had been canceled for failure to pay premiums. The premium on the policy was due the 12th day of each month. The policy provided for a 30-day grace period. The plaintiff contends that the loss occurred during a grace period. The defendant contends that the last premium...

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